3148 GOVERNMENT GAZETTE, WA 4 September 2018
(ii) a copy of the current licence;
(iii) a certificate of currency in the name of the proposed transferee for a public liability
insurance policy in accordance with clause 7.1; and
(iv) the consent in writing to the transfer from the owner of the excavation site;
(d) be lodged by the licensee at least 90 days before the date of proposed transfer of the licence;
(e) comply with and satisfy all conditions and requirements of the current licence;
(f) provide equivalent security under clause 3.7 as is required by the current licence;
(g) include any information that the local government may reasonably require; and
(h) be signed by the licensee and the proposed transferee.
(3) Upon receipt of an application to transfer a licence, the local government may—
(4) Where the local government approves the transfer of a licence under subclause (3), it shall notify
the licensee and owner of the excavation site in writing.
(5) Where the local government approves the transfer of a licence it shall not be required to refund
any part of the fees and charges paid by the former licensee in respect of the transferred licence.
(6) Where the local government does not approve the transfer of a licence—
(a) the local government may cancel the licence in accordance with clause 4.9; or
(b) the licensee may—
(i) continue operations in accordance with the licence issued;
(ii) give notice of cessation of operations in accordance with clauses 6.1; or
(iii) give notice of temporary cessation of operations in accordance with clause 6.3.
4.9 Cancellation of licence by the local government
(1) The local government may cancel a licence where the licensee has—
(a) ceased to substantially carry on the extractive industry for a period in excess of 12 months or
has not advised the local government of cessation of operations under clause 6.1;
(b) been convicted of an offence against—
(i) this local law; or
(ii) any other law relating to carrying on an extractive industry;
(c) failed to comply with—
(i) any of the conditions of the licence;
(ii) any provisions of this local law; or
(iii) any term of an agreement made with the local government in accordance with this local
law and default continues for a period of 14 days from service on the licensee of written
notice of default;
(d) transferred or assigned or attempted to transfer or assign the licence without the consent of
the local government;
(e) permitted another person to carry on an extractive industry otherwise than in accordance
with the terms and conditions of the licence and of the provisions of this local law;
(f) failed to pay the annual licence fee under clause 7.3;
(g) failed to have a current public liability insurance policy under clause 7.1(1); or
(h) failed to provide a copy of the policy or evidence of its renewal as the case may be, under
clause 7.1(2).
(2) Where the local government cancels a licence under this clause—
(a) the cancellation takes effect on and from the day on which the licensee is served with the
notice; and
(b) the local government shall advise the licensee and owner of the excavation site in writing.
(3) Where a local government cancels a licence under subclause (1), the local government shall not be
required to refund any part of the fees and charges paid by the licensee in respect of the cancelled
licence.
(4) Where the local government cancels a licence under subclause (1), the licensee shall comply with
clause 6.4, unless otherwise approved by the local government.
PART 5—LIMITATIONS, OBLIGATIONS AND PROHIBITIONS ON LICENSEE
5.1 Obligations of the licensee
A licensee shall—
(a) where the local government so requires, securely fence the excavation to a standard
determined by the local government and keep the gateways locked when not actually in use
in order to prevent unauthorised entry;
Section 3148 - Bush Fire Brigades Amendment Local Law 2018 - GOVERNMENT GAZETTE, WA 4 September 2018 | Zoe
4 September 2018 GOVERNMENT GAZETTE, WA 3149
(b) erect and maintain warning signs along each of the boundaries of the area excavated under
the licence so that each sign—
(i) is not more than 200 metres apart;
(ii) is not less than 300 mm high and not less than 450 mm wide;
(iii) the top of the sign is between 1 metre and 1.8 metres above ground level; and
(iv) bears the words “DANGER EXCAVATIONS—KEEP OUT”;
(c) except where the local government approves otherwise, drain and keep drained to the local
government’s satisfaction any excavation to which the licence applies so as to prevent the
accumulation of water;
(d) restore and reinstate the excavation site in accordance with the terms and conditions of the
licence, the site plans and the works and excavation program approved by the local
government;
(e) take all reasonable steps to prevent the emission of dust, noise, vibration and other forms of
nuisance from the excavation site; and
(f) comply with the conditions imposed by the local government in accordance with clause 4.3.
5.2 Limits on excavation near boundary
Subject to any licence conditions imposed by the local government, a person shall not, without the
written approval of the local government, excavate within—
(a) 500 metres of any residence unless with the consent of the adjoining neighbours;
(b) 50 metres of any bore, watercourse, wetland, swamp or other water reserve;
(c) 50 metres of any thoroughfare;
(d) 20 metres of the boundary of any land on which the excavation site is located;
(e) 20 metres of any land affected by a registered grant of easement; or
(f) 2 metres of the estimated maximum groundwater level as determined from time to time by
the Department of Water and Environmental Regulation or otherwise as adopted by the local
5.3 Prohibitions
A licensee shall not—
(a) remove any trees or shrubs within 40 metres of the boundary of any thoroughfare on land in
respect of which a licence has been granted without written permission from the local
government and if required, the Department of Water and Environmental Regulation, except
for the purpose of constructing access thoroughfares, erecting buildings or installing plant for
use in connection with the excavation and then only with the express approval of the local
government and subject to any conditions which the local government may impose in
accordance with clause 4.3;
(b) store, or permit to be stored, except in the case of approved rock quarry sites, any explosives
or explosive devices on the site to which the licence applies other than with the approval of
the local government and the Department of Mines, Industry Regulation and Safety; or
(c) fill or excavate, other than in accordance with the terms and conditions of the licence, the site
plans and the works and excavation program approved by the local government.
5.4 Blasting
(1) A person shall not carry out or permit to be carried out any blasting in the course of excavating
unless—
(a) the local government has otherwise given approval in respect of blasting generally or in the
case of each blast;
(b) subject to subclause (2), the blasting takes place only between the hours of 8.00am and
5.00pm, or as determined by the local government, on Mondays to Fridays inclusive;
(c) the blasting is carried out in strict accordance with the Mines Safety and Inspection Act 1994,
the Environmental Protection Act 1986, and all relevant local laws of the local government;
and
(d) in compliance with any other conditions imposed by the local government concerning—
(i) the time and duration of blasting;
(ii) the purposes for which the blasting may be used; and
(iii) such other matters as the local government may reasonably require in the interests of
the safety and protection of members of the public and of property within the district.
(2) A person shall not carry out or permit to be carried out any blasting on a Saturday, Sunday or
public holiday except with the prior approval of the local government.
PART 6—CESSATION OF OPERATIONS
6.1 Notice of cessation of operations by licensee
(1) A notice of cessation shall—